Rider agreement

  1. Contractual commitment

All of the terms and any additional terms incorporated by reference herein (collectively, the “Terms”) govern your use of any and all of the products and services (collectively, Blitz E-scooters “Services”). By utilizing Services (including but not limited to using Blitz E-scooters App, vehicles, e-Commerce Shop, or creating a user account, etc.), you are agreeing to these Terms, confirming that you are of legal age to enter the legally binding contracts, so please read all the Terms carefully. You are also agreeing that you have proper legal authority to agree to these Terms, whether personally, on behalf of your passengers or guests, or on behalf of an entity you have included in your user account registration.

You have agreed to comply with all these Terms as a condition of using Blitz E-scooters Services. We may make an amendment to these Terms from time to time, and the amended version will be effective when posted on this website or otherwise made available to you. The revised Terms override any previously posted versions. While we will provide you with notice of any important revisions, we recommend that you review these Terms regularly because your ongoing use of Blitz E-scooters Services after we make any changes to them constitutes your agreement to those changes. These Terms also expressly override any prior arrangements or agreements we may have with you. You may stop using Blitz E-scooters Services at any time, and we may end these Terms or your use of any Services, or generally cease offering or deny access to any portion of the Services, at any time and for any reason in Blitz E-scooters sole discretion.

Be aware that the cities in which you use Blitz E-scooters Services, may have additional terms and conditions that you should be knowledgeable of when you utilize Blitz E-scooters Services.

IMPORTANT INFORMATION ON ARBITRATION: PLEASE CAREFULLY REVIEW THE ARBITRATION SECTION 18, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES WITH BLITZ E-SCOOTERS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION WORKS.

2. Release and Waiver of Claims; Assumption of Risk

READ THIS SECTION CAREFULLY: THIS SECTION CONTAINS A LEGAL RELEASE OF YOUR RIGHTS, INCLUDING: ASSUMPTION OF RISK AND RELEASE AND WAIVER OF LIABILITY AGAINST BLITZ E-SCOOTERS AND RELEASED PARTIES (AS DEFINED IN SECTION 9). The RELEASED PARTIES may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. YOU ARE FREE TO DECLINE BLITZ E-SCOOTERS SERVICES/PRODUCTS IF YOU DO NOT WANT TO AGREE TO THE TERMS AS SET FORTH HEREIN.             

IN CONSIDERATION FOR USING BLITZ E-SCOOTER SERVICES/PRODUCTS, YOU, OR THE PERSON OR ENTITY ON BEHALF OF WHOM YOU ENTERED INTO THESE TERMS, OR YOUR LEGAL GUARDIAN (IF HE/SHE REGISTERED AND CONSENTED TO YOUR USE IF YOU ARE A MINOR) AGREE TO THE FOLLOWING:

  1. TO ASSUME ALL RISKS: You recognize that (a) there are risks associated with the use of Blitz E- scooters Services/Products (as defined in Section 3), (b) the Products will be used by other people both before and after your use of such Products, (c) the Products may be in disrepair or can become damaged due to regular use, wear and tear, neglectfulness of Blitz E-Scooters or other users through vandalism, or other causes, and Blitz E-Scooters is often not notified of disrepair or such damage right away; (d) although Blitz E-Scooters mission is to keep the Products in good repair, Product(s) that you use may be in need of repair or damaged of which Blitz E-Scooters is not aware; (e) your use of the Products may result in injury or illness including, but not limited to, DISEASE, FRACTURES, BODILY INJURY, PARTIAL OR TOTAL PARALYSIS, STRAINS, MENTAL OR PHYSICAL ANGUISH, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, OR DEATH; these dangers and risks may be caused by the neglectfulness or omission of Blitz E-Scooters, the neglectfulness of others, including other pedestrians or motorists, or may stem from the repair, maintenance or operation of the Products, weather conditions at the time of use, roadway conditions, or other causes, including from any other additional foreseeable or unforeseeable causes. By using Blitz E-scooters Services, you, on account of yourself, your personal representatives and your inheritor, hereby EXPRESSLY AGREE TO ASSUME ALL RISKS AND ACCEPT ALL RESPONSIBILITY FOR ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING THE SERVICES/PRODUCTS for any such injuries, losses, and/or damages, including those caused solely or in part by the neglectfulness or omission of Blitz E-Scooters and the Released Parties.
  2. RELEASE AND WAIVER OF CLAIMS: You, on account of yourself, your personal representatives and your inheritor, hereby EXPRESSLY AGREE TO WAIVE AND RELEASE ALL RELEASED PARTIES FROM ANY AND ALL CLAIMS (INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLECTFULLNESS), STATUTORY AND/OR ANY OTHER GROUNDS), INCLUDING WITHOUT LIMITATION CLAIMS FOR OR RELATING TO ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING BLITZ E-SCOOTERS SERVICES OR PRODUCTS, including those caused solely or in part by the neglectfulness or omission of any of the Released Parties. The RELEASE AND WAIVER includes any claims for injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES , PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH; these risks and dangers may be caused by the neglectfulness or omission of Blitz E-Scooters, the neglectfulness of others, including other pedestrians or motorists, or may stem from the repair, maintenance or operation of Blitz E-scooters Services or Products, weather conditions at the time of use, roadway conditions, or other causes, including from any other additional foreseeable or unforeseeable causes.

WHEN PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. IN ALL CASES, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

You volunteer to use Blitz E-scooters Services and Products with full knowledge of all RISKS and agree to the ASSUMPTION OF RISK AND RELEASE AND WAIVER OF CLAIMS; YOU DO NOT HAVE TO USE BLITZ E-SCOOTERS PRODUCTS OR SERVICES. If you have any questions concerning the terms of the Assumption of Risk or Release and Waiver of Claims, you can contact Blitz E-Scooters at: HELP@BLITZESCOOTER.COM

It is your responsibility to use Blitz E-scooters Services and Products safely. You are responsible for any harm you cause to other people, including your passenger, animals, and/or any property. (See, Indemnification Section 10).

3.What Blitz E-scooters Offers

 

    1. Account Set Up. In order to use most aspects of the Services, you must register for and maintain an active personal user account, which requires a valid debit or credit card or other approved payment method with expiration date and billing postal code as well as other requested information depending on the Product (for example, a driver’s license is required for some Products in some jurisdictions). Alternative account creation and payment methods are available for some of Blitz E-scooters Products and Services if they are available in your area, contact INFO@BLITZESCOOTER.COM What you provide to Blitz E-scooters must be true, factual, complete and updated as necessary to remain factual. If applicable, create a username and a secure password and do not share either with anyone – your account is personal to you and not intended for anyone else, and you are responsible for all activity that occurs under it. Let Blitz E-scooters know immediately if you suspect unwarranted use of your account. We have the right to provide information about you or your various account details (like billing, account, content or use records and related information) if required by law (which may include mandatory data sharing with governments), and to protect Blitz E-scooters rights, customers or business.
    2. A Note on Fraud. We take it seriously, both for your protection and Blitz E-scooters. You may only use a payment method that you have the legal right to use, and you authorize Blitz E-scooters to charge any payment method you designate for any charges you incur. If we suspect that any information you have provided is inaccurate, incomplete or fraudulent, we may suspend or terminate your account until the issue is resolved. During that time, you will lose access to some or all of Blitz E-scooters Services, either temporarily or permanently.

4.Your Blitz E-scooters User Account

Blitz E-Scooters was founded on a simple idea that everyone deserve access to affordable, smart mobility. Blitz E-scooters Services help make this idea a reality. We are continually evolving Blitz E-scooters Services, and as of the date above, they include electric scooters, adaptive scooters (and for some vehicle types in some locations, their respective docking stations), helmets, and any other related equipment provided or made available by Blitz E-Scooters. In these Terms, we often refer to these as a “Product” or all of them collectively as “Products”. Blitz E-scooters Services also include Blitz E-scooters mobile application (the “App”), all other related equipment, maintenance, charging, personnel, Blitz E-scooters website, social media assets, and any other information, technology and services provided or otherwise made available to you in Blitz E-scooters discretion. Blitz E-scooters App may also be used with certain user-owned vehicles to provide additional functionality (such as enabling you to locate, lock, and unlock the vehicle) and to enable Blitz E-scooters to provide the Services to you. Blitz E-scooters Services may come with additional terms or product requirements, which we will make available to you with the relevant Services, and they will become part of your agreement with Blitz E-scooters when you use them. Please note that we are not a common carrier, we offer Blitz E-scooters Services as a convenience to those who are able and qualified to operate them, and alternative means of public and private transportation are available to you and the general public.

5.Using the App and Blitz E-scooters Services

 

Once your account is properly set up, you can use the App to locate, reserve and/or access Blitz E-scooters available Products.

  1. Reservations.

Please understand that for supply and related reasons, we reserve the right to accept or reject your reservation requests, and your receipt of Blitz E-scooters confirmation does not necessarily equal acceptance or constitute confirmation of Blitz E-scooters offer to make the Services available in any instance. If your reservation via the App is rejected after your request, you will receive the applicable refund assuming your payment method was charged in the first place. If pricing in the App turns out to be incorrect for any reason, we reserve the right to cancel or reject a corresponding reservation and will issue you the applicable refund.

Rules for using Blitz E-scooters Products.

  1. You agree to abide by the Rules to Ride applicable to each Blitz E-Scooters Product you use. Each set of Rules to Ride may be amended by Blitz E-Scooters at its sole discretion and the revised Rules to Ride will be posted on the website or in the App. Your continued use of the Product after we make any changes to the Product’s Rules to Ride constitutes your agreement to those changes. Each set of Rules to Ride are expressly incorporated by reference into these Terms. You can find the Rules to Ride for scooters at www.blitzescooter.com
  2. Blitz E-scooters vehicles are all electric vehicles. We do not have unlimited amounts of electric vehicles and they are not always available. This goes for Blitz E-scooters other Products too.
  3. Blitz E-scooters require periodic battery charging to operate. Their level of charge power will decrease with use over both time and distance. They lose their battery charge for multiple reasons, including due to weather, road conditions, vehicle type and other factors.
  4. It is your responsibility to be aware of the level of charge power in the vehicle you are using. As part of Blitz E-scooters Services, we work diligently to ensure that Blitz E-scooters vehicles have adequate charge for your general use, but we do not know where you intend to go, and we cannot guarantee the vehicle you use has enough charge power to get you there.
    1. Group Rides

For some vehicle types, the Services may allow you to start a “Group Ride,” and have your guests access Products. To use this feature, you are responsible for ensuring that each of your guests personally read and agree to be bound by the Terms and read Blitz E-scooters Privacy Notice. You are fully responsible for (1) ensuring that all of your guests are at least 18 years old (or other legal age of majority), (2) any damages and injuries that occur during the Group Ride that are caused by you or your guests, (3) only allowing one guest per vehicle, (4) paying for all of the fees that occur in connection with your Group Ride, and (5) you are legally responsible for all of your guests’ activity as if it was your own.

6.Be Safe When Using Blitz E-scooters Products!

We want a safe experience for you and those around you in your community, and that means we have some rules. Aside from simply exercising caution and good judgment, you shouldn’t carry any items (like a briefcase or a bag) or use any device (like a cell phone or other portable device) if they could impair or hinder safe use (no texting while using Blitz E-scooters Services, for example). There will not always be a designated place for you to ride, such as a bike lane for scooters or bikes, so exercise caution when riding in areas with cars and other traffic (we are not responsible for the actions of drivers, pedestrians, or other third parties). Unless we expressly permit you to do so (e.g., in a separate set of terms and conditions), you should not handle, charge, remove and/or otherwise tamper with the batteries (whether removable or not) on any Blitz E-Scooters vehicle. You are prohibited from using Blitz E-scooters Services while under the influence of alcohol, drugs or other substances that may affect your ability to safely use Blitz E-scooters Services. Do not carry other people or animals while using Blitz E-scooters Services Please do not lock up any Product with a lock that is not Blitz E-scooters, because then we can’t unlock it (!). Please do not leave a Product in a manner or location which we can’t access (if everyone did that, there would be no Products to use). We may charge you up to $800 if we are not able to retrieve any Product due to your actions.

You are also not permitted to use Blitz E-scooters Services to participate in activities beyond a particular Product’s intended use. Some of these are obvious, but for example, no racing, mountain riding, stunts or trick-riding, riding up or down stairs, and do not take a Product off-road or through massive amounts of water (beyond normal urban riding, of course). All of these uses can damage Blitz E-scooters Products or cause serious injury or death to you or someone else. You may not use Blitz E-scooters Services for hire, reward or for any other commercial use (like advertising, ride-sharing or food delivery). Do not tamper with, vandalize or try to gain unwarranted access to Blitz E-scooters Services. And of course, do not use Blitz E-scooters Services in connection with the violation of any law.

7.Treat Blitz E-scooters Products Like They Were Your Own!

 

    1. Proper Use. If all customers treat Blitz E-scooters Products with respect, more of them will be available to use and in better condition. Blitz E-scooters Products are unfortunately not infrangible, so please take good care of them when they are in your hands. They have weight limitations, which you can find in the Rules to Ride for that Product. You may not use any Product to tow or haul a trailer, vehicle or other object. We expect you to use the Products safely. If you leave any personal belongings on or in Blitz E-scooters Products or on Blitz E-scooters premises (and we find them), we will hold them for 90 days unless the law requires longer.
    2. Damage. We expect that other than normal wear and tear, you will return (meaning locking up and/or deactivating) a Product in the same condition in which you received it. If you damage it (accidentally or intentionally), or fail to properly return it and damage occurs, you will be responsible for the associated costs (up to $2,000.00). The same charges will apply for any Product not returned within 48 hours, which we consider lost or stolen and, depending on the circumstances, we may need to file a police report against you. We also reserve the right to take any action against you that the law allows, including holding you liable for the value of the Product.
    3. Product Pick-Up. If you are unable to return a Product to a valid area (for example, you have to leave it on private property, in a locked community or an otherwise unreachable area), and you ask that we pick that Product up, we may charge you a pick-up fee of up to $500. If you just plain abandon a Product in a place it shouldn’t be left, you’ll be responsible for all associated fees until it’s recovered, plus a service charge of up to $500. We may charge these amounts in Blitz E-scooters sole discretion to any payment method in your account and without notice.
    4. Accidents or Damage to Products Generally. You must report any accident, crash, damage, personal injury, or a stolen or lost Product to Blitz E-scooters within two (2) hours of the accident or incident, or, in the event you are injured, as soon as reasonably practicable following the accident or incident. If an incident involves personal injury, property damage or a stolen Product, you must also file a report with the local police department within 24 hours of the incident (or, in the event you are injured, as soon as reasonably practicable following the incident).

8.Financial Terms

    1. Pricing & Payment

You may use Blitz E-scooters Services on a per-ride basis. Some rides may have a minimum fee that could be in addition to any applicable start/unlock fee. Before you start a ride, you will see the applicable fees (e.g., start/unlock fee, per minute fee, and/or minimum fee). For the purpose of calculating fees incurred, ride times will be rounded up to the nearest minute. Please note that we may change pricing for Blitz E-scooters Services at any time as we deem necessary or appropriate for Blitz E-scooters business. Blitz E-scooters pricing is exclusive of taxes (like sales and value added) and other applicable governmental charges.

We may put a temporary hold on your debit/credit card account before you start a ride to verify your payment information is still valid and/or to verify your debit/credit card has the necessary funds to cover the fees incurred for that ride. Pre-authorization is not a charge to your account, it is a hold on those funds. Pre-authorizations can reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. You should contact your bank or card issuer if you have questions about when a pre-authorization amount will be removed from your statement.

Fees and charges will be charged to a payment method in your account. We will automatically charge and withhold the applicable taxes as required by law. All payments to Blitz E-scooters are made through a third-party payment processor.

If your payment method expires and you do not update your information or you cancel your account, you authorize Blitz E-scooters to continue billing, and you will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

If you disagree with any charges we have made to your account, you must let us know within 10 business days from the end of the month in which the disputed charge took place. To resolve any disputed charges, we will need certain trip information, including the date and approximate start and end times of your trip. As a policy, except to the extent required by applicable laws, we do not offer refunds for your use of Blitz E-scooters Services, and any exceptions to this policy are in Blitz E-scooters sole discretion.

  1. Referral and/or Promotional Codes

At multiple times, we may provide referral and/or promotional codes for discounted trips or other features on Blitz E-scooters Services, which may be subject to additional terms that we make available to you. Please understand that these are one-time offers, are only redeemable via the App (unless otherwise stated in the promotion terms) and we may modify or cancel them at any time. Unless we state otherwise in the specific promotion terms, we limit these to 1 per user and account, they cannot be combined with other offers, they are not valid for cash, they will expire in accordance with their terms, and are not transferable or permitted to be resold.

  1. Subscription, Free Trials, Limited Discounts

We may offer Blitz E-scooters Services under different payment options, including without limitation free trials, subscriptions, limited time offers, or other options. Free trials may convert into paid subscriptions in accordance with the offer terms. The terms will be set forth in each offer for such Services. Please read the offer terms carefully before accepting them.

  1. Fines and Fees

We may at Blitz E-scooters sole discretion assess fines, fees, or penalties and/or take other actions for your violation of these Terms. For example, you may incur fees or fines if you leave a Product outside the service area, use a Product in a prohibited area, leave a Product unlocked, or cause damage or loss to a Product. In some locations, we are required by the municipality to impose fines for improper use of Blitz E-scooters Products, including without limitation improper parking or reckless riding behavior.

In addition, when you are using Blitz E-scooters Services, you must comply with the laws that apply to you. If you receive a ticket or a fine (e.g., for your violation of parking or traffic rules and regulations), cause a Product to be towed and/or impounded or receive any other penalties or fees, you will be responsible for the associated costs. We cooperate with all governmental officials in their enforcement of the applicable laws, and for expediency we may pay amounts you owe on your behalf and provide any necessary information requested or required by the applicable government agencies. If we do so, you are required to pay Blitz E-scooters back. If we had to use third party collection or administrative agents to resolve or attempt to resolve the issue, you are also responsible for paying Blitz E-scooters an administrative fee up to $100. By agreeing to these Terms, you agree that we may pay the amounts directly and charge these amounts (including the administrative fee) to any payment method indicated in your account, and we may need to contact you for additional information.

In locations where we pay the municipality a fee in order to provide the Service to you, we reserve the right to pass a portion of this cost onto you. We will communicate to you the amount of such pass-through fee before you start a ride.

9.Warranty Disclaimers

      1. We provide Blitz E-scooters Services using a commercially reasonable level of skill and care, and while we strive for the highest quality in everything we do, there are certain things we cannot promise of Blitz E-scooters Services. WE PROVIDE BLITZ E-SCOOTERS SERVICES “AS IS” AND “AS AVAILABLE.” OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, THE RELEASED PARTIES (WHICH WE DEFINE IN THE NEXT PARAGRAPH) DO NOT MAKE ANY SPECIFIC PROMISES ABOUT ANY SERVICES, WHETHER ABOUT THE SPECIFIC FUNCTIONS OF SUCH SERVICES, THEIR RELIABILITY, QUALITY, AVAILABILITY OR ABILITY TO MEET YOUR SPECIFIC NEEDS OR OTHERWISE, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE AND BLITZ E-SCOOTERS RELEASED PARTIES EXCLUDE ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.When we use the term “Released Parties” in these Terms, we mean (i) Blitz E-scooters and Blitz E-scooters affiliates and subsidiaries and Blitz E-scooters and their respective owners, managers, officers, employees, directors, agents, representatives, successors, assigns, licensees, distributors, vendors and third parties with whom we authorize or otherwise partner with to distribute, market or otherwise commercialize the Services, (ii) municipalities and public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorize Blitz E-scooters to operate any of the Services, (iii) owners and ground lessees of the property (including all of their respective elected and appointed officers, officials, employees and agents) which authorize Blitz E-scooters to operate any of the Services on its premises, and (iv) to the extent you access the Services using a third party application, website, content, product or service, that third party and all of its affiliates and subsidiaries and each of their respective owners, managers, officers, employees, directors, agents, representatives, successors and assigns.IF YOU USE ANY OF BLITZ E-SCOOTERS PRODUCTS IN A WAY THAT IS PROHIBITED BY THESE TERMS, IT WILL VOID ALL INSURANCE, ACCIDENT, OR LIABILITY COVERAGES PROVIDED BY BLITZ E-SCOOTER OR BLITZ E-SCOOTERS INSURER, INCLUDING ANY COLLISION DAMAGE WAIVER (WHERE PERMITTED BY LAW); IT WILL MAKE THE PRODUCT SUBJECT TO IMMEDIATE RECOVERY BY BLITZ E-SCOOTERS     WITHOUT NOTICE TO YOU; AND YOU WILL BE RESPONSIBLE FOR ALL LOSS OR DAMAGE TO, OR CONNECTED WITH THE PRODUCT, INCLUDING BLITZ E-SCOOTERS EXPENSES, TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS DUE TO SUCH PROHIBITED USE.THE PROVISIONS IN THIS SECTION 9 APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.

10.Indemnity

 

To the fullest extent permitted by law, you, your inheritor, or successors AGREE TO DEFEND AND INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES from any and all claims, actions, damages, penalties, fines, demands, losses, liabilities, costs and expenses, injuries or payments for injury to any person or property caused or claimed to be caused by the active or passive neglectfulness of any Released Parties, arising out of or in connection with (i) your use of the Services and/or Products (including the payment of fines and other fees in Section 8 above), (ii) your breach or violation of any of these Terms or any applicable law, (iii) any of the Released Parties’ use of your content discussed in Section 14, or (iv) your violation of the rights of any third party. The Released Parties reserve the right to assume the exclusive defense of any claims or lawsuits, and you agree not to settle any of the foregoing without the applicable Released Parties’ prior written consent. You agree that the obligations in this Section 10 will survive any termination of these Terms, your user account or your access to Blitz E-scooters Services generally.

11.Your Personal Information

 

Blitz E-scooters collection and use of personal information in connection with the Services is set forth in Blitz E-scooters Privacy Notice found at www.blitzescooter.com/privacy

12.Text Messages and Telephone Calls

 

Unless you opt out, you agree that we may contact you by telephone, SMS or text message (including through use of an automatic telephone dialing system) at the phone numbers you have provided to Blitz E-scooters, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You may opt out of receiving telephone calls, SMS or text messages from Blitz E-scooters at any time, either by texting the word “STOP” in response to a text message received from Blitz E-scooters using the mobile device that is receiving the messages or by contacting SUPPORT@BLITZESCOOTER.COM

13.Intellectual Property

 

    1. Blitz E-scooters Limited License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App and Blitz E-scooters related software and services on your personal device solely for your use of Blitz E-scooters Services. Such rights are for your personal, noncommercial use only. Any rights not expressly granted herein are reserved by Blitz E-scooters and Blitz E-scooters licensors. You are not allowed to copy, modify, distribute, sell or lease any part of Blitz E-scooters Services or included software, nor may you reverse engineer or attempt to extract the source code of the Services or software, unless laws prohibit these restrictions, or you have Blitz E-scooters written consent to do so. Do not do anything that places an unreasonably large load on Blitz E-scooters Services’ infrastructure, use any robots, spiders, scrapers or other automated means to access Blitz E-scooters Services, try to interfere with the proper working of Blitz E-scooters Service or attempt to bypass any of Blitz E-scooters security measures to access the Services.

  1. Ownership

The Services are Blitz E-scooters exclusive property, and your use of them does not transfer any ownership rights to you. Using Blitz E-scooters Services does not give you ownership of any intellectual property rights in Blitz E-scooters Services or the content you access, and except for the limited license granted to you above, all rights therein (including all intellectual property) belong to Blitz E-scooters or Blitz E-scooters licensors. You may not use content from Blitz E-scooters Services without Blitz E-scooters express prior consent or as otherwise consented by law. These Terms do not grant you the right to use any trademarks, branding or logos used in Blitz E-scooters Services or otherwise, including in any advertising or publicity or to imply Blitz E-scooters endorsement in any way. Please do not obscure or alter any legal notices displayed in, along with or in connection with Blitz E-scooters Services.

  1. Digital Millennium Copyright Act & Claims of Copyright Infringement

Claims of copyright infringement should be sent to COPYRIGHTS@BLITZESCOOTER.COM

14.Content Provided by You

You may at times be invited to submit content to Blitz E-scooters (like a comment to a blog post, to participate in Blitz E-scooters communities or provide user tips). You retain ownership of this content but we ask that you make sure you have the right to submit it to Blitz E-scooters in the first place, because when you submit it, you give Blitz E-scooters (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute it as well as your name, voice and/or likeness if also submitted (like if you take a selfie when using a Product). This license continues even if you stop using Blitz E-scooters Services. If you submit feedback, suggestions or other information about Blitz E-scooters Services, we may use the same without obligation to you. Any content you submit is deemed non-confidential.

Do not submit any content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive (we will be the judge of whether your content meets any of these descriptions). The same goes for “spam” or unsolicited advertising. We have the right, but not the obligation, to review, monitor or remove your content at any time for any reason without notice.

15.Third Party Services and Content

The Services may be made available or accessed in connection with services and content (including advertising) controlled by third parties with different terms of use and privacy policies. We do not endorse these third-party services and content and we are not responsible or liable for any of their products or services. Additionally, Apple Inc., Google, Inc., Microsoft Corporation and/or BlackBerry Limited will be a third-party beneficiary to these Terms if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these applications or devices is subject to terms set forth in their respective terms of service and privacy policies.

16.Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services (including the App) and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

17.General

 

These Terms will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. You may not assign these Terms without Blitz E-scooters prior written approval. We may assign these Terms without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of Blitz E-scooters assets, stock or business, or to a successor by merger. Any purported assignment in violation of this paragraph is void. No joint venture, partnership, employment or agency relationship exists between you and Blitz E-scooters as a result of these Terms or your use of Blitz E-scooters Services. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck, and the remaining provisions shall be fully enforced under the law. Blitz E-scooters failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless we acknowledge and agree to it in writing, and it is not a waiver of Blitz E-scooters right to do so later. This provision will not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Force majeure events may prevent Blitz E-scooters from providing the Services. Note that when we say “include” or “including” throughout these Terms, we really mean “including, but not limited to” but do this for ease of reading. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.

18.MUTUAL ARBITRATION PROVISION

Before bringing a formal legal case, please first try contacting Blitz E-scooters Customer Support. Most disputes can be resolved that way.

  1. We each mutually agree to resolve any justiciable disputes between Blitz E-scooters exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and will apply to any and all claims arising out of or relating to your access or use of the Services, any communications, advertising or marketing by or regarding Blitz E-scooters or the Services, any products or services sold or distributed through the Services that you received as a consumer of Blitz E-scooters Services, any aspect of your relationship or transactions with Blitz E-scooters, any of Blitz E-scooters actual or alleged intellectual property rights, and all other aspects of your relationship with Blitz E-scooters, past, present or future, whether arising under federal, state or local statutory and/or common law (collectively, the “Dispute”). We each also expressly agree that this Agreement will be governed by the FAA even in the event you and/or we and/or these Terms are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, Texas law governing arbitration agreements will apply.
  2. Class Action Waiver. We each mutually agree that by entering into this agreement to arbitrate, we both waive Blitz E-scooters right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). In any case in which (1) the dispute is filed as a class, collective or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Notwithstanding any other clause contained in this Section 18, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Mutual Arbitration Provision is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
  3. Any Dispute shall be determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. If you bring a claim subject to arbitration, you will pay toward the fees and deposits imposed by the AAA or other arbitrator only an amount equal to the amount you would have had to pay as filing fees and initial court costs if you had filed suit in a court of competent jurisdiction. Blitz E-scooters will pay the remainder of the fees and deposits of arbitration. If, however, any laws require Blitz E-scooters to pay a greater portion or all of such fees and costs in order for this Section 18 to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration.
  4. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. The arbitrator or arbitration panel, as the case may be, will apply and be bound by this Section 18 and any additional terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award. All issues are for the arbitrator to decide, including arbitrability.
  5. Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.
  6. This Mutual Arbitration Provision will survive any termination of the Services and/or your relationship with us.
  7. This Mutual Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. This Section 18 can be amended only by Blitz E-scooters mutual written agreement. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable.
  8. Small Claims Matters Are Excluded from Arbitration Requirement: Notwithstanding the foregoing, either you or Blitz E-scooters may bring a Dispute in small claims courts of competent jurisdiction. Blitz E-scooters reserves the right to reject your request for arbitration for any Dispute which can be resolved in small claims courts.